Legal Opinion

Commonwealth v. Bartilson

Supreme Court of Pennsylvania

Decided November 13, 1877No. 232PublishedCited by 55 opinions

Error to the Court of Quarter Sessions of Washington county: Of October and November Term 1877, No. 232. Indictment of T. A. Bartilson, Joseph Hanen and John H. Little, found on the 22d of May 1877, charging said parties, on the complaint of O. H. P. McCoy, with a conspiracy to cheat and defraud said complainant of his property.

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Error to the Court of Quarter Sessions of Washington county: Of October and November Term 1877, No. 232. Indictment of T. A. Bartilson, Joseph Hanen and John H. Little, found on the 22d of May 1877, charging said parties, on the complaint of O. H. P. McCoy, with a conspiracy to cheat and defraud said complainant of his property. The indictment contained two counts, the first of which charged that the defendants, “ being persons of evil minds and dispositions, wickedly devising and intending to cheat and defraud one O. H. P. McCoy, on the 20th day of December A. D. 1874, * * * fraudulently,…

1Opinion of the CourtJustice Paxson

The first assignment alleges error in quashing the first count of the indictment. Said count charged the defendants with a conspiracy to cheat and defraud one O. H. P. McCoy of his moneys, goods, chattels, property and estate. The conspiracy is averred to have been formed on the 20th of December 1874. This was more than two years prior to the finding of the bill, and upon this ground the court below quashed the count. It was strongly urged, however, that inasmuch -as it w'as averred in said count that the defendants had in, “pursuance and renewal of said conspiracy,” committed divers overt…

2Cases cited3 opinions

  1. People v. MatherNew York Supreme Court · 1830
  2. Commonwealth v. JuddMassachusetts Supreme Judicial Court · 1807
  3. Commonwealth v. WarrenMassachusetts Supreme Judicial Court · 1809

3Cited by55 opinions

  1. McNair's PetitionSupreme Court of Pennsylvania · 1936
  2. Commonwealth v. ThomasSupreme Court of Pennsylvania · 1963
  3. Commonwealth v. BrownSuperior Court of Pennsylvania · 1903
  4. Dauphin County Grand Jury Investigation ProceedingsSupreme Court of Pennsylvania · 1938
  5. Commonwealth v. KirkSuperior Court of Pennsylvania · 1940

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